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A BILL TO BE ENTITLED
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AN ACT
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relating to the remedies available to a person to abate a public |
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nuisance in a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 125, Civil Practice and Remedies Code, |
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is amended by adding Subchapter B to read as follows: |
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SUBCHAPTER B. ADDITIONAL REMEDIES IN MUNICIPALITY |
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Sec. 125.021. ADDITIONAL REMEDIES IN MUNICIPALITY. (a) In |
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addition to the other remedies available under this chapter, |
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residents of a municipality by petition may require the |
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municipality to file suit to take remedial action against an |
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alleged public nuisance that is occurring in the municipality. The |
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suit may be brought only in a county in which the nuisance occurs. |
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(b) A petition authorized by Subsection (a) must: |
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(1) be signed by a number of registered voters of the |
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voting precinct in which the alleged nuisance is located equal to at |
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least 20 percent of the number of voters who voted in the precinct |
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in the most recent general election for state and county officers; |
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(2) allege that the activity that is the subject of the |
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petition is occurring within the boundaries of the voting precinct |
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and within 1,000 feet of a residence; and |
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(3) be submitted to the governing body of the |
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municipality. |
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(c) Not later than the 30th day after the date the petition |
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is submitted to the governing body of the municipality, the |
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municipal secretary or another officer performing the duties of the |
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municipal secretary shall certify in writing to the governing body |
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whether the petition is valid or invalid. |
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(d) If the petition is determined invalid under Subsection |
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(c), the officer shall state all reasons for that determination. |
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(e) The municipality shall initiate a suit as provided by |
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Subsection (a) if: |
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(1) the petition is determined valid under Subsection |
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(c); and |
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(2) the governing body of the municipality determines |
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that the allegation made in the petition under Subsection (b)(2) is |
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true. |
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(f) The governing body of the municipality shall consider |
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the allegation and make or reject a determination under Subsection |
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(e)(2) before the 60th day after the date the governing body |
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receives the certification of a valid petition. |
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(g) If the court determines that the alleged nuisance that |
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is the object of the suit is a public nuisance and a threat to the |
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public health or welfare of the residents of the municipality, the |
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court may order the municipality to: |
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(1) warn any person who uses or is about to use the |
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premises for the purposes constituting the nuisance that the use |
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constitutes a public nuisance; |
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(2) investigate whether the municipality should file a |
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suit under this subchapter or other law to abate the nuisance; |
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(3) purchase property on which a use that constitutes |
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the public nuisance has occurred; or |
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(4) exercise the power of eminent domain to acquire |
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the property on which a use that constitutes the public nuisance has |
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occurred. |
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(h) Before ordering relief under Subsection (g)(3) or (4), |
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the court must find that the acquisition of the property by the |
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municipality serves a public purpose of the municipality. |
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SECTION 2. This Act takes effect September 1, 2007. |